Nigeria’s Supreme Court has confirmed the President’s constitutional power to declare a state of emergency in any state facing potential breakdown of law and order or descent into anarchy. The ruling was delivered in a 6-1 split judgment following a legal challenge by Adamawa State and 10 other PDP-governed states against President Bola Tinubu’s declaration of emergency rule in Rivers State, which included a six-month suspension of elected state officials.

The court dismissed the suit after upholding preliminary objections on jurisdictional grounds but went on to examine the merits of the case, ultimately siding with the executive. The majority opinion, led by Justice Mohammed Idris, cited Section 305 of the 1999 Constitution, which grants the President broad discretion to take “extraordinary measures” to restore normalcy during an emergency. The ruling noted that while the Constitution does not explicitly detail such measures, it permits temporary suspension of elected officials within a limited duration.

In dissent, Justice Obande Ogbuinya argued that although the President may declare a state of emergency, this power should not extend to suspending democratically elected officials, including governors, deputy governors, and lawmakers, emphasizing the need to protect the principles of democratic governance.